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2019 Boardwalk Use Agreement and Release – Howelsen Hill Ski Area

 

PLEASE READ CAREFULLY BEFORE SIGNING.    THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.

1.  In consideration of being able to use Howelsen Hill (as defined below)’s area, facilities, and/or services, I hereby agree to release and hold harmless the City of Steamboat Springs d/b/a Howelsen Hill and all of its affiliated organizations, divisions, and related companies, and its respective insurance carriers, agents, employees, volunteers, representatives, assignees, members, managers, officers, and directors (collectively referred to in this Release as “Howelsen Hill”) for any and   all liability and/or claims for injury or death or damage to property arising in any way from any activity on the premises of Howelsen Hill or during an activity run or sponsored by Howelsen Hill off the premises.  Reference to activity or activities in this Release include, but are not limited to, skiing; snowboarding; ski jumping;

Nordic skiing; tubing; snow biking; telemark skiing; riding, loading, and unloading the lifts; walking; hiking; snowcat skiing; and all other activities on Howelsen Hill’s premises, or off the premises that are run or sponsored by Howelsen Hill.

2.  I agree to not sue or bring any claim against Howelsen Hill on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, or breach of warranty. I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Howelsen Hill.

3.  I acknowledge that any activities at Howelsen Hill involve both known and unknown risks. The known risks include, but are not limited to: falling; equipment  failure; improper use of equipment; slipping; natural and manmade hazards; uneven and/or slippery surfaces; collisions with natural objects; collisions with manmade objections; collisions with other people; my condition; surface and subsurface snow conditions; bumps; moguls; jumps; ski jumping; ice; variations in terrain; cliffs; downed timber; stumps; plants and trees; tree wells; forest growth; rocks; debris; marked and unmarked obstacles; lift towers; snowmaking equipment; terrain park features and elements; poor visibility; encounters with snowmobiles, snow-grooming equipment, and/or other motor vehicles; lift loading, unloading, and riding;    adverse weather; avalanches; snow immersion; limited access to and/or delay of medical attention; fatigue; exhaustion; dehydration; hypothermia; high elevation;  altitude sickness; frostbite; and negligence of others.  I understand that the description of risks above is not complete and that the activities may be dangerous and   include other risks.  I voluntarily assume the risk of injury and/or death.

4.  I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by Howelsen Hill in defending any lawsuits or claims covered by this Release or any activity of mine with Howelsen Hill.  I agree that under no circumstances will Howelsen Hill ever be responsible for any of my attorneys’ fees.  

5.  I agree to obey all posted signs.  I agree that I will not do any activities that are beyond  my abilities.  I acknowledge that I have the physical dexterity, ability, and knowledge to safely load, ride, and unload the lifts.  I agree to visually inspect the area before engaging in any activities. I agree to wear and use appropriate safety equipment.

6.  I understand and acknowledge that entering or skiing in a “Closed” area is illegal. Howelsen Hill shall have the right to confiscate or revoke the privileges conferred by the pass where, in the sole judgment of the Howelsen Hill’s representative, I (a)    act in any manner that endangers or may endanger my safety or the safety of any other person; (b) violates the law; (c) provide ski lessons or related services for compensation without express authorization; or (d) engage in misconduct or creates a nuisance.  Such acts may also be prosecuted as a criminal offense.  The pass is  NOT TRANSFERABLE and CANNOT BE RESOLD.  The pass may be confiscated with no re-issue, if in the sole judgment of a representative of the ski area    operator; it is used in a fraudulent manner. Re-issued passes may be subject to a replacement fee.  I acknowledge my affirmative duty to immediately notify Howelsen Hill if my pass is lost or stolen.

7.  I authorize Howelsen Hill to call for medical care and/or transport me if in the opinion of its personnel such care is needed, and I    will pay all costs associated with medical care and related transport, and release, defend, and indemnify Howelsen Hill for any costs incurred from such medical care   and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport).

8.  I agree that this Release covers all activities and each and every time I am at Howelsen Hill or doing any activity run or sponsored by Howelsen Hill, without requiring me to sign  another form for each new day or activity.

9.  I agree to fully defend, indemnify, and hold harmless Howelsen Hill from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.  

10.  By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me.  If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor    participant.

11.  If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor. I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” in all the clauses of this Release.

12.  I agree that any and all claims for injury or death against Howelsen Hill or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in Routt County    District or County Court, or the Federal Court for the State of Colorado.

13.  This Release is binding to the fullest extent permitted by law.  If any provision of this   Release is found to be unenforceable, the remaining terms shall remain enforceable.  I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives.  

14.  I have read and fully understand the terms of this Release.  I confirm that I voluntarily agree to the terms of this Release and I voluntarily agree to participate in the activities.

                                               

First Athlete Name

First Name*

Middle Name

Last Name*

Phone*
First Athlete Date of Birth*
First Athlete Signature*
Second Athlete Name

First Name*

Middle Name

Last Name*
Second Athlete Date of Birth*
Third Athlete Name

First Name*

Middle Name

Last Name*
Third Athlete Date of Birth*
Fourth Athlete Name

First Name*

Middle Name

Last Name*
Fourth Athlete Date of Birth*
Fifth Athlete Name

First Name*

Middle Name

Last Name*
Fifth Athlete Date of Birth*
Sixth Athlete Name

First Name*

Middle Name

Last Name*
Sixth Athlete Date of Birth*
Seventh Athlete Name

First Name*

Middle Name

Last Name*
Seventh Athlete Date of Birth*
Eighth Athlete Name

First Name*

Middle Name

Last Name*
Eighth Athlete Date of Birth*
Ninth Athlete Name

First Name*

Middle Name

Last Name*
Ninth Athlete Date of Birth*
Tenth Athlete Name

First Name*

Middle Name

Last Name*
Tenth Athlete Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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